RHODES-VIVOUR JCA (Delivering the Lead Judgment): On the 1December 2005, the appellants were brought before S. J. Ada J of the Federal High Court, Abuja. They were charged with the following offences: Conspiracy, belonging to and managing an unlawful society known as Odua Peoples Congress (OPC), being in possession of firearms without license, and preparation of carrying out warlike undertakings against other natives or tribes of Nigeria contrary to section 64, 62(1) and (2) of the Criminal Code and sections 3, 4, and 8 of the Firearms Act.
After the four-count charge was read to the appellants, they pleaded not guilty, and their learned counsel made an oral application for bail which the learned trial Judge declined to entertain, directing that application for bail should be brought formally. The appellants brought an application for bail inter partes as directed by S. J. Ada J. It was heard by A. L. Chikere J and refused.
Dissatisfied with the refusal of S. J. Ada J to hear their …